The San Diego Estate Center

We Can Plan Any Estate In California - The Law Offices of Roy Newman

Trust Mills, Trust Scams, and Trust Lies - “Estate Planners” Unlicensed to Practice Law & Elder Abuse

I am often approached by people who have been in contact in one form or another with trust mills. Trust mills operate by doing estate planning on a large scale and by threatening elderly (and even middle aged) people with scare tactics if they do not use the estate planner’s often formulaic trusts. [...]

8 Steps To Avoid Estate Litigation

An article by the US News and World Report gives “8 Tips to Avoid Nasty Estate Surprises.”  I agree with most of the points, and add my critique after each tip below:
1. Get a good lawyer. I would add that your lawyer should concentrate exclusively in this area.
2. Pick the right executor and trustees. The [...]

California Conservatorship Law: Family Fights Over Peter Falk

Peter Falk, the star of Columbo, is 81 years old and suffering from dementia. His daughter Catherine Falk allegedly instituted the conservatorship (What is a Conservatorship?) because Peter’s wife had refused to let her visit him. Attorneys from both sides are questioning each other’s motives, with Peter’s wife calling Catherine “estranged” and alleging [...]

Probate Lawyer, San Diego California – The New Website Opens

After three weeks of development, the new probate lawyer section of the San Diego Estate Center Website has officially opened. Called the California Probate Center, the website has a lengthy article base that will grow over time. It is brought to you by San Diego probate lawyer Roy Newman, with details on what [...]

California Probate Guardianships - No Contest Clauses in a Will or Trust May Not Apply to Minors

A minor who nominated his mother as guardian ad litem (See What is a California Guardianship?) does not voluntarily participate in a probate proceeding triggering a no contest clause provision in a will or trust. Safai v. Safai, 164 Cal.App.4th 233 (2008).
“The Trust (What is a Revocable Living Trust?) and the will both included [...]

Steve Fossett’s Remains May Have Been Found

Steve Fossett, the adventurer who disappeared while in flight over Nevada’s desert, may have finally been found in California. The disappearance raised probate issues (What is California Probate?) when his wife petitioned the probate court to declare him legally dead and to probate his will (What Will Happen If I Die Without a Will?). [...]

Heath Ledger’s Daughter Will Inherit His Entire Estate

Heath Ledger’s daughter Matilda will apparently inherit his entire $16.3 million estate. The actor executed a will (What Are the Advantages of a Will?) that left nothing to his daughter, but left everything to his parents and three sisters. Those family members have allegedly gifted those distributions to Matilda.

Will I Inherit from My Husband or Parent If I Kill Them (Part II)? The Answer Could be Yes

A Wisconsin court has ruled that giving a loaded shotgun to a suicidal parent is not the proximate cause of the parent’s death (although it is the actual or but-for cause), so that a wife and daughter of the man may inherit his $500,000 estate. The man was terminally ill with lymphoma and his [...]

Who May Write a Will? Requirements to Make a California Will

Who may write a will in San Diego? Any person that is eighteen years of age and of sound mind may write a will (But should you? See Will Advantages; and Disadvantages of a Will). A person is of sound mind if they understand the rights, risks, and consequences of the testamentary act, [...]

How Do I Revoke My Will? Will Revocation – How to Revoke a Will In California

A will is a living, breathing legal document (See “What Will Happen if I Die Without a Will?”. There are many ways in which people have tried – and failed – to revoke California wills (See “Advantages of a Will” and “Disadvantages of a Will“) that have produced unexpected and unintended results. Just [...]

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